Abstract
Those who seek for the foundations of something might be searching for a fixed basis, perhaps for an ultimate explanation; for determining grounds or causes; he or she looks for an origin, a beginning, for deeper strata, maybe even for an entity, the essence under or behind the phenomena. This investigation can move within hierarchical models: One drills into the depths or one even finds the “basis” up above, the foundations of religious or governmental authority for instance in God and his grace. Foundations are sought and established, however, also in historical dimensions. Political domination is traced back to a first sovereign, maybe to a mythical king, or to an initial contract, the better to avoid investigating into its historical dating. The basis of existing property relationships is seen in a first acquisition, in a first taking possession of unclaimed property, in a first tillage, etc. In all these models justification and explanation form an indissoluble mixture.
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© 2005 Springer
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(2005). What Does “Foundations” Mean?. In: Roversi, C. (eds) A Treatise of Legal Philosophy and General Jurisprudence. Springer, Dordrecht. https://doi.org/10.1007/1-4020-3505-5_16
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DOI: https://doi.org/10.1007/1-4020-3505-5_16
Publisher Name: Springer, Dordrecht
Print ISBN: 978-1-4020-3387-2
Online ISBN: 978-1-4020-3505-0
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